>> here's a live look at the almost full moon and the marine layer clouds developing. it's going to be cooler today and tomorrow but i'll update you everywhere this weekend. >> i'll be tracking street closures because of that fatal accident where theresa garcia's reporting. in terms of freeway traffic, looking pretty good with no delays at the toll plaza. >> good tuesday morning, everyone. it's 5 a.m.. thank you for joining us. i'm eric thomas. >> i'm kristen sze. the deal with that developing news we're talking about in the south bay where san jose police are on the scene of a fatal car accident. one person is dead and there are injuries. theresa garcia is live there in san jose with more. theresa? >> well, certainly this single car crash woke up enough people that a san jose dispatcher tells me they were receiving multiple calls of reports that they heard a loud crash, they heard an explosion, saw a fire and eventually when the san jose emergency responders got out here, take a look behind me, this is what they found.

you've got an intersection completely shut off right now. it was just after 3 a.m. a white 2001 ford explorer driving south hit a pole, then possibly a tree and became completely ungulfed in fire. this happened at the intersection with o'grady drive. the emergency responders found an 18-year-old male passenger dead in the car. the 18-year-old male driver was taken to the hospital with non-life-threatening injuries. the problem out here is we're getting mixed reports of other passengers involved, perhaps one that may have ran off or cannot be found at this time. that is what police are still working out the details here and will certainly bring that to us. there's a lot of debris in the roadway. this is a busy thoroughfare when it comes time for people to go to work as well as school. multiple elementary, middle and high schools as well. again, there was just one car involved here. now, whether speed was a factor, alcohol as well, all are things they will look into and give us

more information where you see here live the camera pointed to. now, that is where the vehicle is but it has since become dark because a lot of the fire trucks did pull away. you can't see it too well but the car remains there. we're told the coroner will be here on the scene as well. as the morning carries on as this affects traffic and as we find out more details, we'll bring you that live as well. reporting live, theresa garcia, abc 7 news. >> theresa, thank you very much. it's 5:02. oakland police are looking for the man who robbed and sexually assaulted two women in the lake merit neighborhood. abc 7's terry mcsweeney is live with this story. >> police secretive about this story but we know two women were sexually assaulted and robbed in the neighborhood somewhere near lake merit. police are saying both of the assaults happened sunday night. while police won't release exactly where they happened, we can get a pretty good idea how they happened by the police warning. women have been warned to stay

in well-lighted populated areas and be aware of their surroundings. be especially alert when getting into and out of their cars and lock the car doors once you get inside. these women were running home sunday evening, attacked in or near their cars, possibly by someone lying in wait. police confirmed the assaults happened in a secluded area. where? they're not saying. the attacker had a weapon. the description of the attacker in each case is very similar. black male, 5-10 to 6 feet, medium build, wearing black clothing and what has police especially concerned is that he in fact had a weapon. what kind of weapon, again, that's something else they're not saying. live in oakland, terry mcsweeney, abc 7 news. >> terry, thank you very much. 5:03 is our time. pg&e released a list of its 100 riskiest pipelines following that deadly explosion in san bruno and that pipeline wasn't considered to be on the

dangerous list. topping the 100 list is a pipeline that runs through cordelia. work to upgrade the line is already underway. but other bay area cities the work is months or years away. a line in novato runs 50 feet from town homes and the farmers insurance company where a thousand people work. >> when ever we identify any potential threat to public safety, we immediately go and address the situation. we don't put it on some list. it's not on some list of a hundred. >> maybe they can tell us what that list means. and number one, is that what they're working on or is that a number one problem? >> pg&e's president says the list of the 100 priority pipeline repair projects is based on a number of criteria, potential for third party damage, potential for corrosion, ground movement and pipe design and characteristics. >> another man has been charged with helping andrew valyentos

escaping to the border after he shot a police officer last month. barrientos is charged with critically wounding officer todd young during an operation in oakland. young was working under cover. barrientos claims he didn't know young was a cop. the oakland tribune reports they arrested another man for being an accessory. >> if you apply for a job with the city of san francisco, be prepared for a more extensive criminal background check. future background checks can include whether the potential employee has a conviction outside of california. this issue cropped up in the case of terry childs. he is the former city i. t. worker who tied up san francisco computer systems by changing all the passwords and then refusing to tell anybody what they were. currently city hiring managers have access to state department of justice background records. mayor newsom wants them to have access to federal fingerprint records as well. >> tonight richmond leaders are

expected to give final approval to tough new restrictions on medical marijuana. in late july they reversed course and capped the number of medical marijuana dispensaries allowed in the city at three. they will be restricted to commercial areas such as hill top mall. they will review applications, hold public hearings and grant the permit. the final vote was delayed until now to give community members a chance to review the plan. >> time for a look at the weather forecast this tuesday morning. as we look outside, we see it's dark. so mike can tell us what the skies look like right now. >> all right. but look at that full moon. gorgeous, mike. >> yeah. the next couple mornings. it's 98% full today. i think it's full tomorrow and will be close to full on thursday morning. good morning to you on this tuesday. seeing the clouds increase in morning as the marine layer is trying to reestablish itself. so we'll call it mostly cloudy, partly sunny at 8:00. temperatures cool at low to mid-50s the north bay valleys. mid to upper 50s for the rest of

us. by noon just about all of us seeing sunshine. a few straggling clouds or lingering clouds, if you will, around the coast. about 58 half moon bay. low to mid-60s through the bay. upper 60s the east bay valleys. about 4:00 sunshine just about everywhere. half moon bay 60. mid to upper 60s throughout the bay. near 70 in the south bay. low 70s in the north bay valleys and low to mid-70s in the east bay valleys. all these temperatures about 4 to 8 degrees cooler than yesterday. and another push of cool air tomorrow which will drop our temperatures anywhere from 2 degrees around the coast and bay to another 4 degrees inland. but look at the quick turn-around on thursday and friday, saturday, sunday and monday total sunshine in the afternoon hours, low 70s at the coast, mid-80s around the bay and mid-90s inland. good morning. >> you heard theresa's report about the accident.

it's blocked at o'grady drive. you need to avoid that stretch and you may want to consider camden avenue to get around it. elsewhere in the south bay, freeways are looking good. as we go outside, a couple live camera shots. no problems across the san mateo bridge. it's looking fine on 880 through hayward. heading toward the golden gate bridge coming out of the north bay, fine on 101 but heads up in mill valley. there's a water main break and hearing that central drive is still blocked at thomas. eric, kristen? >> all right, frances. thank you. it's 5:08. >> now you see them, now you don't! still ahead on the morning news, the short-term solution that's bringing business to bay area stores. >> and why now is the time to start scouting for holiday airfares. now i can stop pain from any angle-- with no mess. (announcer) new icy hot spray.

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our state is in a real mess. and i'm not going to give you any phony plans or snappy slogans that don't go anywhere. we have to make some tough decisions. we have to live within our means. we have got to take the power from the state capitol and move it down to the local level, closer to the people. and no new taxes, without voter approval. we have got to pull together not as republicans or as democrats but as californians first. at this stage in my life, i'm prepared to do exactly that. >> closed captioning brought to you by mancini sleepworld. good morning, everyone. 5:11 on the abc 7 morning news. a live look at traffic in the east bay on this early morning. we see traffic moving right along here, even gaps in the

traffic so we know it's light and moving right along. we have a fatal accident in the south bay. our theresa garcia is there giving us the latest. and frances is watching how it's affecting traffic all around it. so we'll have that information for you coming up. >> travel experts are advising that now is the time to start thinking about your holiday travel plans. if you're like most travelers, you wait until about a month after to book your travel plans. but the ceo of travel websites farecompare.com says competition for seats will be tight due to high demand. surveys find people who stayed home last year because of the economy plan to travel this year. another website, bestfares.com warn that airlines have fewer seats available and prices are on average about a third higher. here's the bottom line: if you wait too long to make travel plans, you could be priced out of your vacation. >> you are likely to see more pop-up stores in the bay area. they used to be limited to temporary holiday stores that

filled vacant retail space. now they're popping up all over the place. >> the empty storefronts are everywhere on every block in the city. but a new concept, one of desperation, is now fueling a new wave of retail entrepreneurs. landlords now rent out store fronts in high-rent districts for a month, a week, even a night. >> two years was the minimum. and they just became a little bit more creative when so many storefronts went empty. >> even big-brand names are catching on to the concept. last year toys r us rolled out 90 express stores for the holidays deserted mall space. this year 600 express stores, places like san francisco's center. that will generate 10,000 seasonal jobs and rent out 2.5 million square feet of otherwise abandoned retail space. there's little to no advertising which means pop-ups pop in then pop out quietly making them hard

to find. >> they're like we didn't know this was here. tell your friends. >> according to the founder of open pop-ups.com, san francisco is one of the top ten pop-up cities in the world and open for an average only 20 days. the latest trend to open for a night or week in an art gallery or a business renting space to give out free food or wine as a new kind of billboard with a trend that may be here to stay with the twitter crowd. >> landlords are going to find there's a great deal of success beyond filling that empty space. that it actually brings consumers into shopping areas more often because they like to see new and different things. >> leslie brinkley, abc 7 news. >> all right. 5:14. mike, we're all craning our necks looking out the window -- not that there's one here in the studio. what an amazing sight. >> i'm looking for the window! we can look at this.

we don't see jupiter out here. >> don't see the full moon either. >> and the beautiful sight dancing around with the clouds this morning. show you those, the moon going to set probably the next half hour or so. you want to get out and enjoy it while you can. beautiful picture of that nearly full moon. jupiter won't be this close until 2022. so maybe the kids' binoculars, telescope action, a teaching moment, take our president's phrase. but didn't parents say that before, teachable moments. >> yeah. >> yeah, i think so. all right. i'm taking it back. as far as temperatures go outside, it is cool around santa rosa, 50. redwood city 51. los gatos 52. the rest of us seeing an increase in clouds mid to upper 50s. santa cruz at 51. 55 or 56 for monterey, watsonville and salinas. cool 47 in gilroy.

sunshine will dominate our forecast this afternoon for that cool sea breeze dropping our temperature 4 to 8 degrees compared to yesterday. partly cloudy and cool again tonight but we switch everything starting friday with warmer than average afternoons all the way through the weekend and into monday. as far as today, here's what's going on. that high pressure that brought such a nice day yesterday is moving out of the way being shoved by this area of cooler weather and this cool front. a dry cool front. so it's going to bring us a cooler breeze today and tomorrow. maybe a few clouds tomorrow. but for all intents and purposes, it's not going to bring us any moisture. a little bit of a temperature change. sunshine in the south bay with low to mid-70s. san jose and cupertino, 72. millbrae and san mateo in the upper 60s. near 70 for the rest of the peninsula. near 60 along the coast. look for clouds from daly city southward to half moon bay. downtown and south san francisco mid-60s sunshine over the north

bay valleys. sunshine at your beaches and 60 degrees on the east bay shore. hercules may touch 70. low to mid-70s through most of the east bay valleys. antioch and brentwood will be the upper 70s. morgan hill, sunshine there. sunshine around the monterey bay and near 70 for most areas to about 63 in monterey. tonight you can see more widespread clouds and low to mid-50s in most neighborhoods. upper 40s again in santa rosa and napa. here's your accu-weather seven-day forecast. 2 degrees cooler around the bay and the coast tomorrow. about 4 degrees cooler inland but starting on thursday, temperatures get back average and friday look for sunshine from the coast all the way inland with low 70s at the coast, mid-80s around the bay and mid-90s inland. it is really going to be bright. frances, pretty devastating accident in the south bay. >> i got the latest from san jose public information officer. now, the accident happened at

about 3:00 this morning on almaden expressway and o'grady drive. there's one male, a passenger, an 18-year-old san jose resident killed and another driver, also male resident taken to the hospital. at this point we know the expressway is actually closed at the intersection. in fact, it's also closed off from harry road. so if you have to head through the area, you may want to consider camden just off harry road and that will get you around that because they're saying they do expect the area to be closed for the next couple hours. and as we go outside real quickly, i want to show you freeway traffic in the south bay. no delays at all with a live shot at the 101 and 880 interchange. you can get the latest traffic information by going to our website on abc7news.com. it's under the bay area traffic link. eric, kristen? >> thanks, frances. >> the taliban in afghanistan claims nine more lives. that story next. >> drug violence south of the

boarder. a newspaper makes a desperate and unusual plea to protect its citizens. >> this dramatic rescue attempt that almost went down with the ship.

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there are lots of reasons why re/max agents average more sales than other agents. experience, certainly. but maybe it's also because they care about the markets they serve and the neighbors who rely on them. nobody sells more real estate than re/max. visit remax.com today. welcome back. it's 5:22. nine coalition service members died in afghanistan this morning when their helicopter crashed. a nato official says the chopper went down in the province. there were no reports of enemy fire. aside from the nine dead, one other coalition service member, an afghan soldier, and a u.s. civilian were injured. 39 troops have been killed this month. helicopters happen frequently because of mechanical problems and sometimes taliban fire. >> a newspaper in mexico is

taking a desperate step asking drug cartels to stop killing its reporter. two photographers were attacked on their way to work last week. one died, the other seriously wounded. a crime reporter for the paper was killed in 2008. it's the biggest paper in what is often referred to as mexico's most violent city across from el paso. in an open letter to the cartels, the people write we ask you to explain what you want from us, what we should try to public or not publish so we know what to expect. editors point a finger to the government's inability to control the situation saying the drug cartels are the de facto authority in the city. >> a croatian man is lucky to be alive after a dramatic rescue. missed an attempt to pull from safety from a rain-swollen river in gaza yesterday. about four hours he refused to abandon his boat even though it was clearly sinking.

finally as water splashed over the side and seconds before it sank with him still on it, he allowed himself to be pushed into safety. he's okay now. nobody else was injured. just seconds to spare. >> allowed himself being saved but not before arguing with his rescuer and had to be pulled out the last moment. two assaults in oakland have police warning residents to watch where they walk. we'll have a live report. >> a fatal car crash in south san jose leaves behind a trail of debris and one person has died. i'm theresa garcia live in the almaden valley area. we'll let you know what caught so many people's attention that police got multiple calls about this accident. >> here's a look at the temperatures across the country. if you're heading to the northwest, portland 65 and 70. fall-like in boston, new york and d.c. from 70 to 76 to 79. let's focus in the upper midwest. severe weather from kansas city, st. louis, chicago and milwaukee.

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♪ good morning. i'm theresa garcia live in south san jose where a terrible car crash takes out a pole, a tree and leaves one person dead. there's so much debris out here. a lot of chaos at this intersection for a while. we'll detail it for you straight ahead. >> i'm terry mcsweeney live in oakland where police are issuing a warning after two women were sexually assaulted and robbed sunday night. the story coming up in a live report. >> and pg&e releases maps showing the natural gas pipelines most at risk. bay area communities are trying to assess what runs underneath them. >> a live look at clouds developing as the marine layer

brings us a cooler afternoon even with sunshine. we'll talk about the big warming trend. >> and a new crash being reported in solano county. i'll have those details. bay bridge toll plaza still showing no delays. >> 5:29 on this tuesday. i'm eric thomas and that fatal accident is where we're gonna start. >> i'm kristen sze. thanks for joining us. that developing news in san jose. police are on the scene of a fatal car accident where at least one person was killed. abc 7's theresa garcia is live at the expressway and o'grady drive where the investigation is underway. you have new information, theresa? >> the new information is about the extent of the road closure but also the number of people found in the car because there was confusion initially there may be up to four passengers. you can see where they're working on it out here in almaden valley, south of the expressway. what we discovered is just two people. two 18-year-old men inside that car. the passenger did die. the driver was transported to a

hospital with non-life-threatening injuries. this single car crash definitely woke up a lot of residents in this neighborhood. it happened around 3 a.m.. a police dispatcher tells me he got multiple calls. people weren't sure what happened when they heard the loud crash but there were also sounds of an explosion and saw a car on fire and when police got here that's when they found a 2001 white ford explorer. it had been driving south on the expressway when it hit that pole and possibly the tree and caught fire. so what we were told is that the driver did try running away but was found shortly thereafter. obviously a bit out of it because of the accident. now, the emergency responders did find the 18-year-old male passenger dead in the car. at this point they're looking at a variety of factors, including speed and alcohol, whether that was related. as for the closures, this is a busy thoroughfare for people going to work and school. from harry road is what's closed. around here you've got multiple

elementary, middle and high schools, leland high schools one of the big one. a lot of people here going there. they have to make their way around to surrounding roadways. we'll talk to a lieutenant out here shortly and bring you more information through the morning newscast. live in san jose, theresa garcia, abc 7 news. >> looking forward to that information. we'll check in shortly. it's 5:31 now. oakland police are warning residents, especially women, to stay in well-lit areas with lots of people after two women were robbed and sexually assaulted in the late merit neighborhood. abc 7's terry mcsweeney is live in oakland. >> it happened about the same time, the descriptions match up. they think it was the same person who assaulted and robbed two women out here sunday night somewhere near lake merit. they're not saying exactly where. being pretty secretive about this story. they're not going to release exactly where it happened but we get a pretty good idea how it

happened when we issue to the warning issued by police. women are warned to stay in well-lighted populated areas and be aware of their surroundings. we met a woman out here this morning who is prepared. >> well, like anyplace, i think you have to be on alert and i carry mace with me in the morning when i walk the dog. i think you have to be careful no matter where you live. >> police are also saying be especially alert when getting into and out of your cars. lock the car doors once inside, all this suggesting that the women were returning home sunday evening were attacked in or near their cars, maybe by someone lying in wait for them. police confirm the assault happened in secluded areas but where again, they are not saying that. they are issuing a description and describing the attacker as 5-10 to 6 feet. african american, male. and he was carrying a weapon. but, again, like so many other details in this case, they're not saying exactly what that

weapon was. terry mcsweeney, abc 7 news. >> thank you. the alameda county sheriff's department is looking for a man who tried to kidnap a 12-year-old girl in castro valley on her way to school. they have released this sketch. the 40-year-old man with short hair and a goatee was driving a dark red or maroon sedan when he tried repeatedly to make the girl get into his car. the girl refused and reported the incident when she got to school. >> vallejo police have arrested a man in connection with the beating death of a woman they believe was his ex-girlfriend. the body was found inside a blood-covered car after the suspect drove to a coworkers apartment complex in american canyon. police arrested the 33-year-old of vallejo. police were tipped to the crime by the suspect's ex-wife who said he called her to brag about the killing. pg&e has now released a list of what it calls the 100 riskiest pipelines in the bay

area. this all follows that deadly gas line explosion in san bruno. topping the 100 list is a pipeline that runs through cordelia. work to upgrade that line is already underway but other bay area cities the work is months or years away. among the others topping the list, a line in novato that runs 50 feet from town homes and the farmers insurance company where a thousand people work. it's important to note the line that exploded in san bruno was not on this list. the list only offers a general area where the lines run and some cities are already criticizing the agency saying it's not specific enough information to be useful. pg&e has set up a hotline for people who want to know if pipelines are near their homes. the numbers are on your screen, it's 888-743-7431. again, 888-743-7431. and the phone number and pg&e's list are posted on our website at abc7news.com. look under "see it on tv." >> 5:34.

yesterday's extremely warm weather. you knew it wasn't gonna last and it's not. >> no. but, mike, we've got something that's not gonna be so bad today. >> yeah, the sunshine. all the sunshine we experienced yesterday and soaked in will definitely be around again today. but the sea breeze is what's going to drop our temperatures. good morning to you. here's a look how we'll fare compared to yesterday. san francisco 4 degrees cooler, redwood city, santa rosa about 7 degrees cooler. concord and oakland, 8 degrees cooler. we'll hit about 12 hours, 11 minutes and 21 seconds of sunshine. let's break down this tuesday. we're having clouds gather right now. the sea breeze is returning. temperatures for the most part the mid to upper 50s. exceptions at 8:00. morgan hill, also santa cruz and santa rosa along with napa and the low 50s. by noon sunshine just about everywhere. but look how cool these temperatures are. low 60s through most of the bay. mid to upper 60s in our valleys and 4:00 just about total sunshine. may have a few clouds lingering half moon bay 60. mid to upper 60s around the bay,

near 70 in the south bay, low to mid-70s in the east bay valley. let's take a look at tomorrow's forecast. you'll see it will be even cooler with afternoon sunshine and then that summer heat is back in the forecast with friday, saturday, sunday and monday total sunshine from the coast to inland. temperatures near 70 along the coast. mid-80s around the bay and mid-90s inland. frances, you have a new accident? >> yeah, mike, north bay, solano county, in fact, motorcycle crash with injuries where motorcycle swerved off the road to avoid a deer. jamison canyon west. a bad spot, a lot of folks use that to cut over to highway 29. a lane may be blocked. we'll keep an eye on this for you. interstate 80 heading towards the carquinez bridge no problems at all. so freeways are looking good. we're following that fatal accident this morning. this is on the almaden expressway. happened at o'grady but we heard from theresa it's shut down at

harry road. you may want to consider camden avenue to get around the scene during the closure. eric, kristen? >> frances, thanks a lot. it's 5:37. >> the campaign to legalize the recreational use of marijuana in california picks up some powerful support today. that's coming up next. >> also the expected vote this week that could leave hundreds of a. c. transit riders waiting and waiting for the next spot. >> and a dead whale washes up on a local beach. why marine biologists are

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>> closed captioning brought to you by mancini sleepworld. . welcome back. it's 5:40 this tuesday. the state's largest labor union is backing proposition 19, the marijuana initiative. the service employees international union which has more than 700,000 members statewide supports prop 19 because of its potential to generate tax revenue for local government. that can avoid cuts to healthcare, home care and other services. while prop 19 provides no tax money, it does allow cities and counties to approve the sale of marijuana and tax it. >> tomorrow a. c. transit officials are expected to approve more service cuts, this time affecting night and weekend service. the cost-saving proposal would cut weekend bus service in half and eliminate all but two of the agency's overnight lines. the agency says making those

cuts would save more than $13 million. the district faces $56 million budget deficits in the fiscal year that starts next june. >> experts are using tissue samples to determine the species of a whale that washed ashore on san francisco's ocean beach. researchers yesterday were able to determine it's not a humpback, gray or blue whale. they plan to bury the whale on the beach today. the carcass is in a protected habitat which can't be disturbed at night. it was a week ago that a cargo ship impaled a whale and carried it into san francisco bay. biologists believe it was already dead when it was hit. >> the payoff for a college degree and paying to watch youtube.com. the business report straight ahead. >> i'm jenelle wang. the senate scheduled to debate a defense spending bill. i'll tell you why lady gaga is weighing in. >> plus a controversial plan to deal with homeless alcoholics. a bay area city considers giving them a play to live and drink

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our state is in a real mess. and i'm not going to give you any phony plans or snappy slogans that don't go anywhere. we have to make some tough decisions. we have to live within our means. we have got to take the power from the state capitol and move it down to the local level, closer to the people. and no new taxes, without voter approval. we have got to pull together not as republicans or as democrats but as californians first. at this stage in my life, i'm prepared to do exactly that. [ female announcer ] this morning the best part of wakin' up is aroma so rich and enticing, flavor so smooth atat it could only be special roast. from folgers.

welcome back. 5:45 on this tuesday morning. time for your california forecast. even though we'll see sunshine around eureka, only 58 today and 61 big sur. the most clouds around the coast, l.a. and san diego, 75 and 68. look for sunshine and pretty mild condition. sacramento 79, chico 82. fresno 86. the hot spot palm springs, sunny and 94. eric, kristen. >> mike, thanks a lot. our time 5:45. >> take a look at the stories we're following this morning. santa clara sheriff's investigators warning about a man that attacked a family jogger. the man jumped out at here and

pushed her into an aqueduct where he tried to sexually assault her. >> pg&e has now released a list of what it calls the 100 riskiest pipelines in the bay area. this follows the explosion in san bruno. topping the 100 list is a pipeline that runs through cordelia. the line through san bruno by the way was not on this list. the latest on these stories at 6:00. >> the senate this morning tackles a hot button issue brought to the forefront by singer lady gaga. republicans and democrats will begin their battle over gayless in the military over part of the spending bill. immigrant rights advocates have a stake here, too.

>> lady gaga versus senator john mccain and the republicans. the senate is set to debate the defense operation bill which would approve $726 billion in spending next year. parts of the bill generate even more attention. >> doesn't it seem to you that we should send home the prejudice, that they hate the gay soldiers. >> lady gaga campaigned in maine yesterday asking the government to repeal its policy on don't ask don't tell which bans openly gay service members. hoping to sway the state's two moderate republican senators. they are against don't ask don't tell but will most likely vote with their party because democratic leadership will not allow a republican amendment to the defense bill. another attached is the dream act that would give citizenship rights to illegal immigrants brought to the u.s. before the age of 16 if they attend college or join the military. >> if we address the dream act

for other parts of comprehensive immigration reform before securing the boarders, then one, two, five, ten years from now we will be faced with another generation of young people who were brought here against their will. >> a large group of supporters, mostly students, have been gathering outside senator mccain's office in phoenix. he used to support the dream act but now offers unfair amnesty to law breakers. a final vote on the defense bill is not expected until november's mid-term elections. >> jenelle, thank you very much. the food and drug administration is holding a second day of hearings today to consider the labeling of genetically altered salmon. the salmon grows as fast as conventional fish. an advisory panel reviewed the size yesterday and said more tests may be needed to make sure it's safe to eat. but it would not be labelled genetically modified if it has

the same material makeup as conventional salmon. they plan to argue for more detailed labeling saying it's the public's right to know. >> we have a right to know the weather forecast. >> temperatures a little cooler today but a lot of sunshine so be prepared for that. still get sun burned this time of year. >> this is not a genetically modified forecast. this is the natural version of the forecast. >> yeah. (laughter) >> definitely put a disclaimer down if that ever happens. let's take a look outside, show you what's going on. how about a disclaimer for sfo because they're early with flight arrival delays, yeah. came out about ten minutes ago and saying about 39 minute flight arrival delays because of the increasing clouds. you can see some of the fog developing around there. check our flight tracker at abc7news.com. they'll let you know if your flight is affected. let's talk temperatures. before the clouds started streaming in, we had a clear sky and allowed us to drop to 50 santa rosa. redwood city 51, los gatos 52.

everybody else the mid to upper 50s. temperatures this morning starting out cooler also. low to mid-50s around the monterey bay and salinas and about 47 in gilroy. we'll have sunshine this afternoon. the cool air is bringing in some dryness to it. marine layer clouds we're dealing with this morning. partly cloudy and cool tonight and then warmer than average. you wait all year, especially some folks at the coast for those warm weekends when it's sunny and the fall at the coast. this is one of those. let's talk about today though because we have a couple days to get there. clouds increasing through the morning hours but because they're so thin, because we'll have that cooler, drier breeze roll in, you'll see by noon just about everybody clear except the peninsula coast and 1:00 you're even clear other than a cloud here and there. 60s to 70s, that's all we have for a spread. low 70s in the san ramon valley with mid to upper 70s the rest of the east bay shore -- i should say east bay valleys.

east bay sunshine with mid to upper 60s with berkeley 66, 67 oakland. 69 union city, hercules around 70. sunshine all over the south bay. sunnyvale, milpitas 71. warming all the way to los gatos and saratoga 74, 75 degrees. the breeze will get millbrae and san mateo keeping you in the upper 60s. low 70s for the rest of the peninsula. a few clouds half moon bay and pacifica there. more sunshine downtown, south san francisco, sausalito. mid-60s there. low to mid-70s the north bay valleys. low 60s at your beaches. 60 monterey but the rest of the bay 70 are low to mid-70s inland. game with the white sox at the coliseum. partly cloudy, 66 dropping to around 59 degrees. temperatures tonight will be in the upper 40s in the north bay valleys before the clouds roll in. low to mid-50s for the rest of us. that cooler start will mean another cool day tomorrow. we'll drop 2 to 4 degrees. look how quickly we gain it

back. we're back to average on thursday as we warm nearly 6 to 8 degrees. we warm another 8 degrees on friday and another 4 degrees on sunday when the heat peaks with mid-90s inland, mid-80s around the bay and low 70s at the coast. have a great day. here's frances with an update. >> a couple problems, one in the south bay where the almaden expressway is closed from harry road because of a fatal accident. in the meantime you may want to consider camden avenue to get around that this morning. also in the north bay as you make your way through jamison canyon, there's a motorcycle crash that blocks the westbound lane of highway 12 just west of i-80. jamison canyon, one lane blocked as you make your way towards highway 29. could cause trouble for people out of the cordelia junction. mill valley a water main break has central drive closed at thomas drive. keep that in mind. outside real quickly you'll find fairly decent traffic.

a live shot of the oakland maze with traffic on the right heading towards the bay bridge. get the latest details anytime going to our website. abc7news.com is the place to go and click on the bay area traffic link. >> frances, thank you so much. it's 5:53. >> toys r us saying it knows what your children and mine will be asking for this holiday season. >> everything. here's bloomberg's jane king with the morning's "moneyscope" report. >> cute and cheap for the holidays. at least that's what toys r us are forecasting. its list of hot holiday toys includes pillow pets for $20 and thing ama jigs at 13 bucks. the luxury townhouse at $80 can be a hot seller. central bankers meet and signs of recovery slowing. economists expect them to keep the benchmark rate near zero. the s & p closed at a four-month high after ibm became the latest

company to continue the recent tech takeover spree. move over the united states. we've fallen behind brazil, china and india as the preferred place to invest. only one out of six investors say our economy is improving. not to be a total downer, we rank as the top choice among developed countries. the college degree starts to pay off around age 33. that's according to "u.s.a. today." a typical student, make 60% more with median incomes of about $60,000. how much is a fast internet connection worth? some upscale hotels are charging more for better connections. intercontinental testing the idea charging $10 for low band width and $15 for a faster connection. i'm jane king with the bloomberg business report. >> we have a warning this morning about making payments by cellphone. texting money gained lots of attention when we were asked to text donations to help

earthquake-ravaged haiti. it was popular with consumers buying ring tones and other music. unions say they wanna be cautious. >> the biggest concern we have are the lack of protections depending upon what kind of payment mechanism the transaction is tied to. so if it's tied to a credit card, a debit card, your bank account, then you're safe. if it's tied to a prepaid card or goes directly to your cellphone bill, you may be out of luck. >> that's because those forms of payment don't come with federal or state protections. consumers union calling on the federal reserve board to change that. >> san francisco is exploring a controversial method to get homeless alcoholics off the streets and into housing. but the plan would house them with taxpayer dollars and allow them to continue drinking. the so-called wet house is modelled after this project in seattle where alcoholics are allowed to live saving the city millions of dollars in medical

costs. >> providing a medically supervised safe living environment in which people who are chronic innebriants but don't draw on the public resources. >> being hospitalized involuntarily if necessary and detoxified. >> a three-year study by san francisco's health department found 225 of the worst offenders accounted for more than 1900 emergency pickups. they spent more than 2,000 days at san francisco general hospital at a cost of more than $13 million to taxpayers. >> the head of san francisco's health department may be moving to los angeles. according to the l.a. times, l.a. wants dr. mitchell katz to run its health department. the city would pay him more than the $250,000 he earns working for san francisco. katz' partnered with mayor newsom to create healthy san

francisco, a program that provides medical care to most of the city's uninsured. katz is expected to travel to los angeles in the next couple weeks to meet with city officials there about the job. >> it is 5:57 now. just ahead at 6:00, the new individual price tags being put on the nation's obesity problem. >> and the new warning for women in one of oakland's most popular areas. >> and a fatal car accident has left behind a stream of debris in a busy south bay neighborhood. i'm theresa garcia live in san jose. we'll let you know what may have

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